Law and Emotion: How Empathy Forms the Judges' Sense of Justice

27 Pages Posted: 15 Jul 2015

See all articles by Marcelo Galuppo

Marcelo Galuppo

PUC Minas; Universidade Federal de Minas Gerais; University of Baltimore - School of Law

Date Written: July 6, 2015

Abstract

Although Judges and even Scholars tend to think that judicial decisions are exclusively rational, modern behavioral sciences have shown that emotion is as important in decision making as reason. Judges are influenced not only by statutes and precedents, but also by their own sense of justice, which provides a first ground from where reason could build more just decisions. Nevertheless, the sense of justice is not deprived of a logic of its own. Its logic works empathetically, providing an analogical translation of someone else's experience.

Keywords: Empathy, Judges' activity, Law and Emotion, Sense of justice

Suggested Citation

Galuppo, Marcelo, Law and Emotion: How Empathy Forms the Judges' Sense of Justice (July 6, 2015). Available at SSRN: https://ssrn.com/abstract=2627363 or http://dx.doi.org/10.2139/ssrn.2627363

Marcelo Galuppo (Contact Author)

PUC Minas ( email )

Av. Dom José Gaspar, 500
Belo Horizonte, Minas Gerais 30535-901
Brazil

HOME PAGE: http://www.pucminas.br

Universidade Federal de Minas Gerais ( email )

Av. Antonio Carlos, 6627
Belo Horizonte, Minas Gerais 31270-901
Brazil

HOME PAGE: http://www.ufmg.br/english

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

HOME PAGE: http://www.law.ubalt.edu

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